News & Analysis as of

FERPA Student Privacy

Robinson & Cole LLP

Legal Update: NLRB General Counsel Tries to Reconcile FERPA and the NLRA

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As students in higher education flock toward unionization, private sector colleges and universities (educational institutions or institutions) are forced to reconcile the Family Educational Rights and Privacy Act’s (FERPA)...more

Littler

NLRB General Counsel Suggests How Colleges and Universities Can Satisfy NLRA Disclosure Obligations Without Violating FERPA

Littler on

Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about...more

Fisher Phillips

NLRB Pushes Schools to Release Student Information to Unions: Navigating Privacy Considerations in Light of Recent Guidance

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Private colleges and universities employing student workers face the unique challenge of balancing privacy obligations and a growing push from federal labor authorities to release student information to unions. Recent...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - August 2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Venable LLP

Education Roundup: Policies Protecting Student Health Information - FERPA and HIPAA Compliance

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It is no secret that institutions of higher education (IHEs) are currently busy addressing their policies to reflect recent major changes in the law (read: Title IX!), but it is also important to give some time and attention...more

Bond Schoeneck & King PLLC

Education Law §2-d Compliance Update and Reminders

On July 19, 2023, the New York State Education Department (NYSED) issued a memo indicating its Privacy Office will begin monitoring educational agencies’ websites for compliance with New York State Education Law §2-d and the...more

Franczek P.C.

U.S. Department of Education Releases New Guidance Regarding FERPA and Student Health Records

Franczek P.C. on

The United States Department of Education (DOE) recently released two new guidance documents focused on student health records to remind schools of their continued obligations to protect students’ rights under the Family...more

Holland & Knight LLP

U.S. Department of Education Issues New FERPA Guidance on Student Health Records

Holland & Knight LLP on

In an effort to remind school officials of their obligations to protect student privacy, the U.S. Department of Education (ED) has issued guidance on the Family Educational Rights and Privacy Act (FERPA) that focuses on the...more

Bricker Graydon LLP

Collin’s Law five-year hazing report for colleges and universities is due on January 15, 2023

Bricker Graydon LLP on

It has been more than a year since Collin’s Law went into effect, increasing hazing reporting and response requirements for Ohio colleges and universities. The legislation expanded the definition of hazing, increased the...more

Bowditch & Dewey

Federal Court Grants Penn State’s Motion to Protect Title IX Documents, Sacks Student Athlete’s Call for Unfettered Disclosure

Bowditch & Dewey on

The United States District Court for the Middle District of Pennsylvania has ruled that investigative materials regarding alleged hazing in the Penn State football program will remain confidential. In January 2020, Isaiah...more

Bricker Graydon LLP

[Ongoing Program] Student Confidentiality Laws in Higher Education - June 22nd, 12:00 pm - 1:00 pm CST

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Higher Education CLE Webinar Series | Presented by Bricker & Eckler and the Southern Illinois University School of Law - Join us for a free webinar series in the month of June on important topics in higher education. ...more

Bricker Graydon LLP

[Webinar] FERPA Compliance Certificate Program (Higher Education) - April 21st - May 26th, 6:00 pm - 7:00 pm EST

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The Center for Excellence in Higher Education Law & Policy is pleased to announce their highly popular program - The FERPA Compliance Certificate Program. Featuring a refreshing approach to developing knowledge and skills...more

Clark Hill PLC

FOIA Requests for Restraint and Seclusion Documentation from Media Outlets

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Recently, several school districts have received FOIA requests from media outlets, including the Detroit Free Press, seeking completed restraint and seclusion documentation. Pursuant to state law, FOIA requests must be...more

Locke Lord LLP

Student Privacy Concerns When Educational Institutions Outsource: The FERPA "School Official" Regulations

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Schools, colleges and universities often will outsource to third parties any number of functions or services, such as the operation of campus bookstores and dining facilities, campus security, management of campus parking,...more

Goulston & Storrs PC

Do You Have a College Student? Important Health Care, Financial and Educational Documents That They (and You) Need

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August is upon us and you may soon be sending children off to college (virtually or in person). If your child is age 18 or older, you and your child will need to take some simple steps so that, in the event of an emergency,...more

Foley Hoag LLP

FERPA 101: Duties, Processes, and Issues to Keep in Mind During Litigation

Foley Hoag LLP on

As colleges and universities know, higher education institutions have a duty to protect the confidentiality of student records, codified in the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g. When...more

Bricker Graydon LLP

[Webinar] FERPA Compliance Certificate Program - March 8th - April 12th, 6:00 pm - 7:00 pm EST

Bricker Graydon LLP on

The Center for Excellence in Higher Education Law & Policy is pleased to announce a new program - The FERPA Compliance Certificate Program. Featuring a refreshing approach to developing knowledge and skills related to FERPA...more

Bradley Arant Boult Cummings LLP

The Man Behind the Curtain: College Admissions and FERPA Requests

Aspiring college students spend enormous amounts of time trying to unlock the magic formula that leads to those magic words: Congratulations, you’ve been accepted! But, for many students, the focus on admissions does not stop...more

Bricker Graydon LLP

Personally identifiable information concerning a deceased former student cannot be released without the student’s consent

Bricker Graydon LLP on

In a rare case where the Ohio Supreme Court’s analysis primarily focused on the Ohio Student Privacy Act, R.C. 3319.321 (OSPA), the Court determined the Act’s provisions apply to the records of a former student, even when the...more

Womble Bond Dickinson

School Stakeholders Navigating Student Privacy

Womble Bond Dickinson on

Parents, students, and educators are navigating a novel educational landscape. Some schools are relying on a virtual model that requires significant technological involvement, others have opened up their facilities for...more

Bricker Graydon LLP

So, you want to record your lessons. What should you consider?

Bricker Graydon LLP on

As a result of the COVID-19 pandemic, school districts find themselves engaging in virtual education at unprecedented levels, and with this comes many questions that may not have been considered in the past, including whether...more

Holland & Knight LLP

Pennsylvania Supreme Court Addresses Nexus Between Educational Privacy, State Open Records Laws

Holland & Knight LLP on

More than 50 years ago, Justice Michael Musmanno, speaking for the Pennsylvania Supreme Court, eloquently expounded on the importance of the right to privacy in the Commonwealth of Pennsylvania: The greatest joy that can be...more

Franczek P.C.

ED Reminds Schools to Review FERPA Policies and Notices During COVID-19

Franczek P.C. on

The U.S. Department of Education’s Student Privacy Policy Office (SPPO) recently reminded school districts and schools that receive funds from the Department to review and, if necessary, revise policies, procedures, and...more

Ballard Spahr LLP

Remote Learning – Privacy and Data Security Challenges

Ballard Spahr LLP on

As schools adapt to the reality of trying to teach remotely during the COVID-19 crisis, education technology companies are seeking to fill the needs of students and support remote learning despite stay-at-home orders imposed...more

Franczek P.C.

COPPA, COVID, and EdTech: Essentials for Schools and Vendors

Franczek P.C. on

Education has moved online, and students as young as pre-kindergarten are engaging in hours of remote learning via educational technology each school day. This has led all of us to think about the myriad of state and federal...more

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